Antony Maina Mbutua t/a Spear Supermarket v Tabitha Wanjiku & 3 others [2021] KEBPRT 57 (KLR)
- Court
- Business Premises Rent Tribunal
- Case number
- 57
- Citation
- [2021] KEBPRT 57 (KLR)
- Decided
- 3 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEvictionPostureAppeal from a previous orderCoramHON. CYPRIAN MUGAMBI NGUTHARI
Holding
The landlord's notices were issued under the provisions of Cap 301 of the Laws of Kenya, and the references filed by the tenants should be determined before eviction applications can be entertained.
Facts
The landlord issued notices to terminate the tenancies of several tenants, and the tenants filed references against the notices.
Issues
- Whether the landlord followed due process in issuing the notices to terminate tenancies.
- Whether the references filed by the tenants should be determined before eviction applications can be entertained.
Reasoning
The court found that the landlord followed due process and that the references should be heard first.
Outcome
The application for eviction was allowed, but the references were directed to be heard on a priority basis.
Orders
- References filed by the applicants to be set down for hearing on a priority basis.
- Matter to be heard together with other cases.
Remedies
- Priority hearing of the references.
Authorities cited
Legislation (1)
- Cap 301 of the Laws of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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